As evidence, after more than 8 years of implementation, the 2015 Penal Code (amended and supplemented in 2017 and 2025) has played an important role in protecting national security, social order and safety, human rights, and promoting economic development.
In practice, many regulations have revealed limitations, failing to keep pace with the rapid changes in life, and it is necessary to amend and supplement some articles of the Criminal Code to suit real life. However, along with this law amendment process, a considerable amount of false information, even distortions and misrepresentations of the issue, has appeared on the internet.
1. These arguments are not random and disjointed, but focus on three main tactics: "editing and biased reporting," "misrepresenting concepts," and "inciting discontent." Clearly identifying these tactics is essential to protecting the transparency of the law and maintaining social trust.
First and foremost, it must be affirmed that amending and supplementing certain articles of the Criminal Code is not an unusual phenomenon, but rather a manifestation of a legal system that is constantly evolving to meet the demands of development. In the current context, many new types of crimes have emerged with more sophisticated characteristics, especially in cyberspace and the digital economy. If not updated promptly, the law will lag behind reality, undermining the effectiveness of state management.
In principle, all modern legal systems operate on an "open" logic, meaning they are regularly reviewed and amended to adapt to the development of society.
The Criminal Code, with its function of protecting human rights, civil rights, and the interests of the State, needs to be perfected on the basis of balancing strictness and humanity. Therefore, amendments should not only address emerging issues but also have predictive and directional significance. This point needs to be viewed objectively, instead of being interpreted as a sign of "instability" as some arguments have deliberately imposed.
One common method of misinformation is the deliberate and malicious quoting, separating a part of the content from the overall context of a law. In many cases, individuals only quote a single word or provision, ignoring the conditions of application, related regulations, or even the legislative purpose. This approach goes against a fundamental principle of legal interpretation: Each provision must be understood in relation to its entire system. When taken out of context, the legal meaning of a provision is easily distorted, leading to erroneous conclusions.
In many cases, draft regulations—that is, those that are incomplete and have no legal validity—are immediately misinterpreted by malicious individuals as official regulations. From there, extremist arguments are pushed to claim that the law "expands criminalization" or "restricts freedom."
The consequence of this tactic is the creation of distorted perceptions among a segment of the public, especially those who do not have full access to legal texts. More dangerously, it erodes trust in the transparency and consistency of the legal system.
2. More subtly, some arguments employ the tactic of conceptual manipulation, mixing up types of legal relationships that are fundamentally different in nature. Specifically, civil relations, administrative violations, and criminal offenses are placed on the same "plane," leading to the conclusion that "all violations can be subject to criminal prosecution."
In fact, the law clearly stipulates that only acts that constitute a crime – that is, those that pose a significant danger to society – are subject to criminal prosecution. Civil disputes, such as those concerning contracts or property obligations, are resolved through a separate mechanism, entirely different from criminal proceedings.
Similarly, administrative violations also have their own system of sanctions and cannot be arbitrarily transformed into crimes. The deliberate blurring of this line aims to create the impression that the legal environment is "risky" and "unpredictable," especially for businesses and investors. In reality, legal amendments aim at the opposite goal: to clarify the boundaries, increase transparency, and enhance predictability of the law.
It can be asserted that the argument of "criminalizing civil relations" is essentially a deliberate distortion of the concept, exploiting a lack of legal understanding to create confusion.
While the first two tactics primarily target perception, the third tactic – “inciting discontent” – directly impacts social psychology. This is the most dangerous form of distortion because it doesn't rely on logical reasoning but mainly exploits emotional factors. This type of content often uses sensational and extremist language, issuing threatening warnings such as “anyone can become a criminal.” It's accompanied by hypothetical situations or unverified personal stories presented as typical examples.
In the social media environment, where information spreads quickly and is difficult to verify, concerning content tends to be shared more widely. This creates an "emotional amplification" effect, causing a misinformation to quickly become "common knowledge."
The essence of this tactic is not to engage in legal debate but to create a state of insecurity, thereby undermining confidence in the legal system and state governance institutions.
3. The common thread among the above arguments is that they do not aim for academic debate or constructive policy contributions. Instead, they seek to transform a legal issue—which should be approached with reason and legal standards—into an emotional one, where doubt and fear override reason.
The three tactics of "editing, swapping, and incitement," though different in form, serve the same goal: to distort public perception of the nature of legal amendments. This is not just a matter of information, but also directly relates to trust in the institution and the effectiveness of the law.
Given this situation, improving the capacity to access and evaluate information has become an urgent requirement. For officials, Party members, and the people, priority should be given to accessing official sources of information, reading and understanding texts in their entirety, and avoiding inferences from isolated quotations.
For media outlets, the role of explaining policies and disseminating laws needs to be strengthened, especially during the drafting and public consultation phases of legislation. Transparency and timeliness in providing information are the most effective solutions to neutralize misleading narratives.
Party committees and state agencies also need to be more proactive in disseminating information, explaining policies, and responding quickly to inaccurate information, thereby creating a healthy information environment.
The Penal Code holds a particularly important position in the Vietnamese legal system, serving as a sharp legal tool to protect the regime, human rights, civil rights, and social order and safety. In the context of a constantly evolving society, the role of the Penal Code is further affirmed as a pillar ensuring legal discipline and stable, sustainable development.
The amendment of the Criminal Code is a necessary step in the process of perfecting the legal system, in line with the country's development requirements and the general trend of the world . Distorted arguments, however they may be expressed, cannot change the objective nature of this process.
It is crucial that each individual and society as a whole approach the issue with rational thinking, based on legal foundations and accurate information. This is because, in the field of law, truth does not lie in biased perspectives or fleeting emotions, but can only be recognized within the complete and logical whole of the legal system.
The draft policy document for amending the Penal Code is being developed by the Ministry of Public Security and is open for public comment until May 7, 2026, before being submitted to the National Assembly for consideration at the third session of the 16th National Assembly.
Source: https://hanoimoi.vn/vach-tran-3-thu-doan-xuyen-tac-748503.html
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